H2B or Green Card for USA?

Tall Saint

Hi,
I've been trawling through threads here for a while, researching as much as possible about my situation. Here's the deal...

I've been offered a job as an entertainments & music manager of a restaurant / bar in Chicago. It's a very well run (and respected) Irish Bar that's soon due to expand to a chain of at least 3 bars in the next year or so.
The idea is that I would not only manage the entertainment there but try and bring Irish bands/music over there, using my knowledge of Irish bands here etc etc.
To me, its a dream of an opportunity. I spent three months there in the summer and Im pretty desperate to go back and take this opportunity.
Im just not sure which visa I should apply for, (or my employer should apply for). It's a sponsored employment, so should I be going the green card route or a H2B?
Also Im not sure what my chances of a successful application are, should I hope that they see it as a unique opportunity/position, (that I have a good chance),or, just as easily, they could say no chance!?

any help appreciated,

Thank you!

Benedict XVI

Tall Saint wrote: »

Hi,
I've been trawling through threads here for a while, researching as much as possible about my situation. Here's the deal...

I've been offered a job as an entertainments & music manager of a restaurant / bar in Chicago. It's a very well run (and respected) Irish Bar that's soon due to expand to a chain of at least 3 bars in the next year or so.
The idea is that I would not only manage the entertainment there but try and bring Irish bands/music over there, using my knowledge of Irish bands here etc etc.
To me, its a dream of an opportunity. I spent three months there in the summer and Im pretty desperate to go back and take this opportunity.
Im just not sure which visa I should apply for, (or my employer should apply for). It's a sponsored employment, so should I be going the green card route or a H2B?
Also Im not sure what my chances of a successful application are, should I hope that they see it as a unique opportunity/position, (that I have a good chance),or, just as easily, they could say no chance!?

any help appreciated,

Thank you!

Well if the bar are offering you a job then you have no choice, they will have to sponsor you (H1B or H2B), and they will have to initiate the paperwork etc. I am not sure how long a H visa will take to process but you are looking at a few months minimum.

You of course can apply for the Green Card lottery (not sure if it is closed for this year, see other threads) but that will take at least 2 years to process if you luck to be selected.

Tall Saint

ah ok, thank you!
It's just that I'm not sure that they knew which visa exactly to apply for,obviously either did I, so I was just trying to find out.
A few months wouldnt bother me,seems like nothing in comparison to the lottery.
Anyone here applied for a similiar position (working at a bar) or know someone to have done the same? Im just wondering if I should get my hopes up or not. Seems hit and miss.

braceface

I worked in the states on H1B and H2B visas, your employer will need to apply on your behalf. I have heard that they have gotten far more restricted lately but it's worth a try. They are both temporary visas, I think H2B is for 6 months / H1B for 3 years. Your employer has to prove they cannot find an American to do your job or that it is so specialised only you can do it

Good Luck!

Tall Saint

originally posted by braceface
Your employer has to prove they cannot find an American to do your job or that it is so specialised only you can do it

wow, sounds like a tough one alright. thanks for the info!
do you know if you can renew the H2B visas?

i came across this on the uscis site, im presuming this is the process that should be followed..

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=84096138f898d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1RCRD

braceface

You can get more than one H2B, I had at least two before getting a H1B (which is valid for 6 years, just checked) I had to leave the states while a new H2B was issued and it took about 4-6 months.

That info looks right, my visas were always considered temporary so the process was a bit different to permanent residency

Tall Saint

you couldnt stay while you applied for a renewal of the H2B? that kinda surprises me, to be honest.
if you dont mind me asking, how did you go from a H2B to a H1B? was it because you had been there on 2 H2Bs?
Im starting to think I should go over and look for a wife!:p

Benedict XVI

Tall Saint wrote: »

you couldnt stay while you applied for a renewal of the H2B? that kinda surprises me, to be honest.
if you dont mind me asking, how did you go from a H2B to a H1B? was it because you had been there on 2 H2Bs?
Im starting to think I should go over and look for a wife!:p

If the bar that said they will give you a job are for real then they will sort out the H1B or H2B, or are they the kind of place that have never had to employ someone legally without a green card of other visa before ?

Tall Saint

well I think they would rather do it legally,but if its way too much trouble,I do have a connection there. that was my last resort. I'd rather have a visa in the pocket,but everyday it almost seems less likely that I'll get one. I mean, I probably would get sorted for work there, and I could find out before going over, I'd just be happier doing it the right way.
After going through everything I realise why people go over for a "holiday"!
They'll probably sort out the undocumented before it gets any easier to go over on visas at this rate, but that's only coming from my position. It's obviously different if you have a qualification in something they value.

Benedict XVI

Tall Saint wrote: »

well I think they would rather do it legally,but if its way too much trouble,I do have a connection there. that was my last resort. I'd rather have a visa in the pocket,but everyday it almost seems less likely that I'll get one. I mean, I probably would get sorted for work there, and I could find out before going over, I'd just be happier doing it the right way.
After going through everything I realise why people go over for a "holiday"!
They'll probably sort out the undocumented before it gets any easier to go over on visas at this rate, but that's only coming from my position. It's obviously different if you have a qualification in something they value.

By the sounds of it the bar are not offering you a job legally or else they assume you have some sort of visa.

If they were to do things legally they would hire an immigration lawyer and start a work permit application (H1B or H2B). This is something only they can do, you cannot apply for the work permit.

On the other hand they might be offering you the job illegally. In that case it is just an agreement between you and the bar, you would be traveling on a visa waiver and breaking the law straight away by working.

Tall Saint

I dont think its that. I just dont think they have done it before and are not sure how to start the process ya know? I've just emailed the manager some info from the uscis website, so I think they're gonna look into that. Would they need to hire an immigration lawyer or would it just be beneficial to the process?

Benedict XVI

Tall Saint wrote: »

I dont think its that. I just dont think they have done it before and are not sure how to start the process ya know? I've just emailed the manager some info from the uscis website, so I think they're gonna look into that. Would they need to hire an immigration lawyer or would it just be beneficial to the process?

Seeing as this is their first time entering this area they would more than likely have to hire one to make sure they do it right, remember they will be trying to convince the authorities that you are the only one that can do the job and no American could be found to do it, that's pretty easy to do if you are employing a rocket scientist that speaks Mandarin Chinese but much harder if you are trying to employ a entertainment manager for a bar.

Tall Saint

yeah, thats my concern. Not much I can do about that but hope the bar can convince them that they need me to do certain things others cant.

Darren1o1

I have never heard of the H2B, what are the chances of getting a Visa i comparison to the H1b? I am an engineer btw if this helps.

braceface

It's not as easy as it used to be to get a H2B, the employer has to do all the work. My work was seasonal so they were able to say that I was willing to work on a 6 month contract and then leave, whereas a American would want permanent employment. The H1B is designed for specialised workers, experts in their field blah blah

Long story short, visas are not easy to come by and it's up to the employer to do the work.

Darren1o1

braceface wrote: »

It's not as easy as it used to be to get a H2B, the employer has to do all the work. My work was seasonal so they were able to say that I was willing to work on a 6 month contract and then leave, whereas a American would want permanent employment. The H1B is designed for specialised workers, experts in their field blah blah

Long story short, visas are not easy to come by and it's up to the employer to do the work.

I only asked because I failed at getting the H1b last year and only have one more chance of it this year on my current visa. Company is in full support, lawyer, fees etc...

braceface

That's good that you have employer support, it's vital. The H2B is only a temporary visa, usually valid for up to a year and basically:

'The employer must also prove that there are no unemployed US workers willing or able to do the work. This is established through the state's employment agency using a labor certification process. This process requires a recruitment campaign, including advertising in a local newspaper for available temporary workers' (from US embassy website)

It's usually used for the ski resorts / seasonal jobs. Best of luck! Sometimes it just takes your employer bending the truth a little bit....

Tall Saint

so if the employer proves no one has been deemed qualified enough to fulfill the requirements of the vacancy then, that would increase your chances of getting one?if only slightly?